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2005 Supreme(SC) 852

SUPREME COURT OF INDIA
P. VENKATARAMA REDDI AND ARIJIT PASAYAT
CHRISTIAN MEDICAL COLLEGE, LUDHIANA SOCIETY AND OTHERSPETITIONERS;
VERSUS
STATE OF PUNJAB AND OTHERS RESPONDENTS.
IA NO.3 IN WRIT PETITION (C) NO. 357 OF 2004,
DECIDED ON JUNE 1, 2005

Headnote:

Constitution of India, Articles 19(1)(g), 30(1), 15(4) - Admission of candidates belonging to the minority community-Professional unaided (minority and non-minority) educational institutions -Having regard to interim order passed by Supreme Court on 9-8-2004, Islamic Academy of Education v. State of Karnataka, (2004) 13 SCC 3 pertaining to the admission of students last year and having regard to the fact that the decision of a seven-Judge Bench of this Court is awaited, 75% of the seats can be filled up by the petitioner choice subject to the observance of merit and balance 25% seats to be filled up by the candidates allotted by the State on the basis of the merit list prepared by it.

[Para 2]

ORDER

1.HEARD BOTH THE LEARNED COUNSEL.

2. HAVING PERUSED THE OBSERVANCE OF THIS COURT IN PARA 17 OF ISLAMIC ACADEMY OF EDUCATION V. STATE OF KARNATAKAL AND THE INTERIM ORDER PASSED BY THIS COURT ON 9-8-20042 PERTAINING TO THE ADMISSION OF STUDENTS LAST YEAR AND HAVING REGARD TO THE FACT THAT THE DECISION OF A SEVEN-JUDGE BENCH OF THIS COURT IS AWAITED, WE CONSIDER IT JUST AND PROPER TO PASS THE FOLLOWING ORDER FOR THE YEAR 2005-2006:

75% OF THE SEATS CAN BE FILLED UP BY THE PETITIONER INSTITUTION D ACCORDING TO ITS CHOICE SUBJECT TO THE OBSERVANCE OF MERIT FROM AMONG THE CANDIDATES BELONGING TO THE MINORITY COMMUNITY. BALANCE 25% SEATS SHALL BE FILLED UP BY THE CANDIDATES ALLOTTED BY THE STATE ON THE BASIS OF THE MERIT LIST PREPARED BY IT.

3. IA IS DISPOSED OF ACCORDINGLY.

COURT MASTERS

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